Corrine El-Safadi v. Days Inn Lundys Lane, 2014 HRTO 224

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Corrine El-Safadi

Applicant

-and-

Days Inn Lundys Lane, Susan Wall and Tom Sterling

Respondents

INTERIM DECISION

Adjudicator: Douglas Sanderson

Date: February 18, 2014

Citation: 2014 HRTO 224

Indexed as: El-Safadi v. Days Inn Lundys Lane

1The applicant filed this Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on September 30, 2013.

2On November 12, 2013 the Tribunal issued a Notice of Application to the respondents in which it directed that a Response to the Application must be filed with the Tribunal not later than December 17, 2013. On December 24, 2013, the Tribunal sent a “No Response” letter to the individual respondent Tom Sterling advising him that he had not filed a Response and the Tribunal’s correspondence to him had not been returned.

3As of the date of this Interim Decision Mr. Sterling has not filed a Response and the Tribunal’s correspondence to him has not been returned.

4An application to the Tribunal starts a legal proceeding. A finding that a violation of the Code has occurred may lead to various orders, including monetary compensation, other forms of restitution to the applicant, and orders to take action to promote compliance with the Code. Failure to file a response or participate in a Tribunal proceeding may lead to orders against individual and corporate respondents without their participation. The respondent's attention is again drawn to Rule 5.5 of the Tribunal’s Rules of Procedure which reads as follows:

5.5 Where an Application is delivered to a Respondent who does not respond to the Application, the Tribunal may:

a) deem the Respondent to have accepted all of the allegations in the Application;

b) proceed to deal with the Application without further notice to the Respondent;

c) deem the Respondent to have waived all rights with respect to further notice or participation in the proceeding;

d) decide the matter based only on the material before the Tribunal.

5The applicant has provided a mailing address for the individual respondent Sterling. The Tribunal shall send a copy of this Interim Decision to Mr. Sterling by courier and regular mail.

6If the individual respondent Sterling wishes to participate in this proceeding, he shall file a Response with the Tribunal within 14 days of the date of this Interim Decision, together with an explanation of why the Response was not filed in accordance with the Notice of Application. If a Response is not received, the Tribunal may proceed without further notice to the individual respondent Sterling and may take any or all of the steps set out in Rule 5.5.

7I am not seized of this matter.